Barthel v. City of New Orleans

Plaintiff has injoined the defendant from collecting *341certain rates fixed upon for the lease of a stall in St. Mary’s Market. He contends that it is a tax upon liis occupation, which is unequal and oppressive and in violation of the constitution.

What the city demands of him is a rent and not a tax. He is to pay a certain price per day for the stall which he occupies, and a certain sum on each beef, sheep, etc., which he offers for sale. We do not see in what' this violates the constitution. The ordinance was in force when he rented the stall. It was then a contract entered into between himself…